Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-01
MiNSLAuGHTER.
Evidence Taken Yesterday at the Trial
of Milton McWhorter,

! front OF Inc State house dOtel, was again
taken up in Department Two of the SUI
perior Court, Judge Wilson presiding, and
jury having been obtained on Saturday,
| General A. L. Hart proceeded to outline to
! it at considerable length what the prosecu-
! ton would endeavor to prove He said
! that the Indictment charged McWhorter
with manslaughter which is a reduced
degree of homicide. II was expected to es-
| tablish case, however, in which malice
and generalization would be proven Be-
cause of the Indictment, however, convic-
| ton of manslaughter only could be asked
at the jurys hands. The General read to
the jury the law defining manslaughter,
and said, in substance, that the prosecution
would show that at the time of the killing
7. G. Robinson was an officer of the United
States, and engaged in enforcing the laws
DEGREES against hydraulic mining. For
some reason the defendant seemed to take
a great dislike to deceased, and pursued a
course which could only eventually end in
a personal difficulty. The deceased was in
the employ of the Sacramento Anti-Debris
Association, and bis duties kept him much
of the time high up in the Sierras. He
had no enmity against the defendant,
and did not even know him. But
the defendant began system OF
libeling Robinson. He charged him with
being unfaithful to his employers with re-
ceiving money from the hydraulickers; de
nounced him as a fraud and with each
successive number of his paper the name
of 7. G. Robinson, coupled with that of
c. L. Sexey, was the burden of defend
ants song. Robinson bore this kind of
abuse patiently, though at times he pro-
tested against such injustice. Seeing
that he could not sufficiently provoke de-
ceased by charging him with being
fraud, defendant at last published that Mr..
Robinson had been run out of house of
ill-fame in his shirt, the building having
taken fire. Not only this. but copy of
the paper, with the article marked, was
sent to the deceased's wife. Mr.. Robinson
took the paper when it was shown to him
and put it in his pocket. On the day prior
to the homicide preparations were being
made in Sacramento for the reception OF
the Grand Army of the Republic, and Mr..
| Robinson was assisting. In another town,
however-in the city of Marysville-ot
preparations were being made. The de-
PENDANT was purchasing a pistol-seeing
that it was carefully loaded-and he came
here TO have meeting with T. G. Robin
son. He came here and was surrounded
by his friends-who will appear AS wit
nesses in this case - the hydraulic
miners. Mr.. Robinson heard that
the defendant was here. His
feelings and those Of his wife were larcer:.
ated. He sought McWhorter anu asked
him if he wrote the article referred 10, and
when the latter drew a weapon, the de-
ceased said: 1t is no use to draw pistol"
Prior to this there had been only strug-
gle with hands. 1t will be proven that
after the fatal shot was fired, Robinson
presented his pistol full at McWhorter,
when some one said: Don't Shoot" and
Robinson said "All right; l will not"
magnanimously giving to the man who
had not only maligned him but killed him,
his life. 1t will be proven that defendant,
after the killing of Robinson, said that he
took care that the killing should not take
place in Yuba county. 1t will also be
proven that he said, while on the way to
the station-house. 81 have killed the spy"
1t will be attempted to be shown that the
systematic, persistent libeling of deceased
was instigated and kept up for the purpose
of bringing about the very object that was
accomplished killing of deceased. 1t
will be shown, probably on the side of the
prosecution, that the deceased did very ma
turally chafe under the unjust accusations
made and that he made statements of what
he would do unless they ceased.
| Chief of Police Dillman, the first wit
ness, gave the history of McWhorter's be-
ing taken to the station-house by Deputy
| Constable Martin, and presented the pistols
belonging to him and Robinson; also a
bullet, received from DIR. Cluness
The McWhorter pistol was introduced in
| evidence.
H. N. Myers testified that he was at the
State House Hotel on the day of the homi-
eide, and saw defendant and deceased scuf
fling, Robinson apparently trying to get a
pistol away from McWhorter; assisted in
separating them did not see Robinson do
anything after the separation; went about
Il block with McWhorter, who did not ap-
pear much excited he had some cards, and
gave them to parties; some one took him
to the station-house did not see pistol in
Robinson's hand at any time. On cross
examination witness said he did not
know of anything preventing McWhor-
ter from pulling the trigger OF his pistol
during the scuffle was about thirty feet
away when the shot was fred, and ran at
once to where the men were; had talked
about the case with others besides counsel
| for the prosecution; two men took him to
| a room in the State House, and talked to
him witness did not remember their
names and would not know them if he
saw them again, but thought they were
friends of the defendant, because they
spoke in his favor what he told them, and
what he was now testifying under oath,
were different things.
DR.. Cluness testified as to his attending
the wounded man, and described the
| wound and its location; the wound was
necessarily fatal: the pistol was very close
when the shot was fired told Robinson
the wound was very dangerous, and ad-
vised him 10 settle his earthly affairs the
mind of the wounded man was clear; he
several times expressed the belief that he
would die.
Deputy Constable Martin was the next
witness. lie was standing at the northeast
corner of Tenth and X streets at the
time the trouble began; heard only one
shot: saw two men struggling in the
street len or fifteen feet from the sidewalk :;
ran there and saw that one had q pistol :;
they were pulling and hauling each other !;
! McWhorter had hold of the handle of the
pistol and Robinson the barrel, and both
were trying TO get possession of it; told
them, Give me the gum am an officer"
they let go, and l told them to consider
! themselver under arrest; McWhorter
started towards the State House; when he
got to the sidewalk he started to run away,
and | halooed TO somebody to stop him !;
turning to see what McWhorter was run
ming from, ! saw that Robinson had drawn
his pistol; | said to Robinson, " You are
under arrest; give me the pistol" he did
so, raising his vest and saying: He has
done for me; am shot right here in the
stomach :" when l first saw Robinson's
pistol it was pointed at McWhorter; took
| McWhorter to the station-house; he was
excited, and the first thing | heard him say
was: My poor wife, what will this do
| for herr" near the Golden Eagle we met
Assemblyman Moffi,t McWhorter said :
= have shot the spy, and think I've killed
him ;" Moffitt told him to keep still and
not to say anything.
Cross Observation-Disclosures asked Mof-
fit to walk along with him, as he wanted
to talk TO him. nobody separated the men
=, except myself; did not see anything Of
| Myers until after McWhorter started TO
run; McWhorter told me he was not trying
to run away from me; when McWhorter
spoke to Moffitt l think he was still labor
| ing under excitement; took Robinson to
DR.. LANES Office before taking McWhorter
to the station-house; the doctor was not in,
and Robinson sat down in the doorway +;
Robinson made no effort to resist when
l asked him for his pistol will not swear
that Myers was not there when l separated
the men.
Warren T. Drew testified l was ac-
quainted with 7. G. Robinson during his
lifetime: was standing at Tenth and X